Galloway v. A.B.

Galloway v. A.B.

The production order arose from cross-examination on affidavits in a chambers proceeding under the PPPA and was made under the court's discretion in R.22-1(4)(c); because such orders are not limited appeal orders under R.2.1, leave to appeal was not required and the notice of application for leave will stand as a notice of appeal.

Citation
2019 BCCA 385
Parties
Respondent (plaintiff): Steven Galloway; Appellant (defendant): A.B.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
31 October 2019
Procedural Posture
Civil Appeal (defamation; PPPA Dismissal Application) / Application for Leave to Appeal From Chambers Order for Production of Documents; Notice of Application to Stand as Notice of Appeal
Outcome
Appeal may proceed without leave; notice of application for leave to appeal stands as a notice of appeal; appeal scheduled and expedited directions given.
Legal Topics
Production of Documents, Cross Examination on Affidavits, Anti SLAPP / Protection of Public Participation Act, Limited Appeal Orders / Leave to Appeal, Chambers Proceedings, Discovery Limits
Source Language
English
Civil Procedure Evidence Defamation Appeal Procedure Statutory Interpretation Production of Documents Cross Examination on Affidavits Anti SLAPP / Protection of Public Participation Act +3 more

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Parties

Steven Galloway

Respondent (plaintiff)

A.B.

Appellant (defendant)

Procedural Posture

Civil Appeal (defamation; PPPA Dismissal Application) / Application for Leave to Appeal From Chambers Order for Production of Documents; Notice of Application to Stand as Notice of Appeal

Legal Issues

  1. 1 Whether leave to appeal is required for an order for production of documents made during cross-examination on affidavits
  2. 2 Whether the authority for the production order was R.22-1(4)(c) (chambers discretion) or R.7-1(17) (discovery)
  3. 3 Whether document production requested during PPPA proceedings constitutes a prohibited 'further step' under s.5(1) of the PPPA

Ratio Decidendi

The production order arose from cross-examination on affidavits in a chambers proceeding under the PPPA and was made under the court's discretion in R.22-1(4)(c); because such orders are not limited appeal orders under R.2.1, leave to appeal was not required and the notice of application for leave will stand as a notice of appeal.

Court Disposition

Appeal may proceed without leave; notice of application for leave to appeal stands as a notice of appeal; appeal scheduled and expedited directions given.

Orders

  • Order pursuant to s.10(2) of the Court of Appeal Act that the notice of application for leave to appeal stand as a notice of appeal
  • A.B. to file and serve appeal record, appeal book, factum, certificate of readiness and notice of hearing by November 18, 2019